CompFox AI Summary
The Workers' Compensation Appeals Board denied the Applicant's Petition for Removal. The Board found no substantial prejudice or irreparable harm would result from denying removal, which is an extraordinary remedy. The Applicant sought removal after the administrative law judge (WCJ) ordered the case off calendar to allow for further discovery from a medical expert. The WCJ ruled that the requested discovery was relevant to the issue of medical probability, the reason the case was initially un-submitted.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the Applicant's Petition for Removal. The Board found no substantial prejudice or irreparable harm would result from denying removal, which is an extraordinary remedy. The Applicant sought removal after the administrative law judge (WCJ) ordered the case off calendar to allow for further discovery from a medical expert. The WCJ ruled that the requested discovery was relevant to the issue of medical probability, the reason the case was initially un-submitted.
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